[Ord. No. 10-2020, § 1]
The purpose and intent of this chapter is to authorize and direct
the cleanup, containment and abatement of any hazardous and/or toxic
substance discharges or spills and to provide for the total reimbursement
and recovery of all costs to the Borough of Morris Plains. It shall
be the responsibility of the Borough's Emergency Management Coordinator
to seek full restitution and recovery of all costs related to said
cleanup, removal and abatement activities incurred by the Borough
of Morris Plains.
[Ord. No. 10-2020, § 1]
As used in this chapter, the following terms shall have the
meanings indicated:
CLEANUP AND REMOVAL COSTS
All costs incurred by the Borough in connection with a discharge
of a hazardous or toxic substance as follows:
(a)
In the removal or attempted removal of hazardous or toxic substances.
(b)
In performing reasonable measures to prevent, contain or mitigate
damage to the health, safety or welfare of the public, including but
not limited to public, semipublic and private property, surface waters,
subsurface waters, water columns and bottom sediments, soils and other
affected property, including wetlands, wildlife and other natural
resources within the environment.
DISCHARGE
Any intentional or unintentional action or omission resulting
in the releasing, spilling, leaking, pumping, pouring, emitting, emptying
or dumping of hazardous or toxic substances into the waters, onto
the lands or into the air, which may or does cause damage or result
in damage to the lands, waters, air or natural resources of the environment.
HAZARDOUS SUBSTANCES
Those elements and compounds, including petroleum products,
which are defined as such by the New Jersey Department of Environmental
Protection and Energy, or as defined in the National Fire Protection
Association Guide of Hazardous Materials, or as are set forth in the
list of hazardous substances adopted by the Federal Environmental
Protection Agency (EPA), or as are defined on the list of toxic pollutants
designated by the United States Congress or the Federal EPA. For the
purpose of this chapter, however, sewage and sewage sludge shall be
considered as "hazardous substances."
PERSON
Any public or private corporations, associations, societies,
firms, agencies, partnerships, joint-stock companies, individuals,
not-for-profit service organizations or any other entity.
PETROLEUM
Includes oil or petroleum of any kind, and in any form, including
but not limited to oil, petroleum, gasoline, kerosene, fuel oil, oil
sludge, oil refuse, oil mixed with other wastes, crude oils and substances
or additives utilized in the refining or blending of crude, petroleum
or petroleum stock.
VEHICLE
Any motorized equipment, registered or unregistered, including
but not limited to passenger cars, motorcycles, trucks, tractor trailers,
construction equipment, farm machinery and military vehicles and equipment.
[Ord. No. 10-2020, § 1]
The Borough of Morris Plains, its departments and/or agents
are hereby authorized and directed to contain, clean up, remove and
abate any discharges and/or spills of hazardous substances, toxic
materials as regulated by the New Jersey Department of Environmental
Protection and Energy and the United States Environmental Protection
Agency within the geographic boundaries of the Borough.
[Ord. No. 10-2020, § 1]
For the purposes of this chapter, costs incurred by the Borough
of Morris Plains or any of its departments or agents, including the
Police, Fire and Public Works Departments, shall include but shall
not necessarily be limited to the following: actual labor costs of
personnel, including workers' compensation benefits, fringe benefits,
administrative overhead, cost of equipment and equipment operation,
cost of materials, goods and supplies and the cost of any outside
contractors for labor, materials, goods and equipment.